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Backup Documents 12/12/2017 Item #16E 9
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 E 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Jrint on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTINGSLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management (2/(2117 2. County Attorney Office County Attorney Office 4. BCC Office Board of County Svc Commissioners \frt4// v2\t ` A. 4. Minutes and Records Clerk of Court's Office 7-10/1(1--- 3'.�.� 5. Procurement Services Procurement Services 1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for Sandra Herrera Contact Information 239-252-8998 Contact/ Department Agenda Date Item was December 12,2017 Agenda Item Number 16.E.9 Approved by the BCC Type of Document Assumption Agreement / Number of Original Attached ✓✓✓ Documents Attached PO number or account N/A 13-6162R Chlorinator Water Trea t& number if document is Equipment Controls ology, to be recorded Inc. INSTRUCTIONS & CHEC . ST Initial the Yes column or mark"N/A"in the Not Applicable col r<',whi h ve 's Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur- STAMP OK EL 2. Does the document need to be sent to another agency for ad.' tional sial--n es? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/12/2017 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. s e 9. Initials of attorney verifying that the attached document is the version approved by the / wfi BCC,all changes directed by the BCC have been made,and the document is ready f e. , p4,19.3,!1.410 Chairman's signature. ` DEC 12 2017 Risk Management 16E9 MEMORANDUM Date: December 20, 2017 To: Barbara Lance for Sandra Herrera, Procurement Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Assumption Agreement for Contract #13-6162R "Chlorinator Equipment Maintenance" Contractor: Water Treatment & Controls Technology, Inc. Attached for your records is one (1) original of the referenced contract above, (Item #16E9) adopted by the Board of County Commissioners on Tuesday, December 12, 2017. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16E9 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into on this 'ate of embt{ , 2017, by and between Water Treatment & Controls Technology, Inc. ("Contractor")and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on June 24, 2014 (Agenda Item 16.C.1) the County awarded Agreement #13-6162R for Chlorinator Equipment Maintenance to Water Treatment & Controls Company, a copy of the Agreement #13-6162R is attached hereto as Exhibit A, together with all renewals, and hereinafter referred to as "Agreement;" and WHEREAS, Water Treatment & Controls Technology, Inc. hereby represents to Collier County that by virtue of a business restructuring and change in ownership, it is the successor in interest in relation to the Agreement; and WHEREAS, the parties wish to formalize Water Treatment & Controls Technology, Inc. assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Contractor accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Contractor will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 4. Notices required under the Agreement sent to Contractor shall be directed to: CONTRACTOR: Water Treatment&Controls Technology, Inc. 9900A North Palafox St. Pensacola, Florida 32534-1227 Main Phone: 850-474-1805 I Fax: 850-474-1776 Attention: Raymond F. "Chip" Ross, II (Chip@watertc.com) 5. The County hereby consents to the Contractor's assumption of the Agreement to continue the services provided under Agreement #13-6162R. No waivers of performance or extensions of time to perform are granted or authorized. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect. [17-PRC-03432/1375576/11 Page 1 of 2 0 16E9 IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST:. ' BOARD OF COUNTY COMMISSIONERS DWIGHT E.BRO,CK, Clerk COLLIER • .' Y, FLORIDA :y B // it Y „.4,40,/ Eh le' ;Ga 10(mit :fT' .e ty Clerk PENNY TA look, CHAI'igivirN signature only. , WATER TREATMENT& CONTROLS TECHNOLOGY,INC. WITN _ _S: '� By: 4/ ' ,"ondF. 'ossII, 0 1 Vice President& General Manager 0 . LP A.A. • i E—i . , e III IP z/PriLP!-F STO Ms/- Print nt Name Approved Is to o and legality: Jeffrey-A. atzkow CounAttorney Item# IbF9 Agenda ikata ,i- Date Recd 11,I A I C ./eL4-N-Il2-1 Deputy Clerk [17-PRC-03432/1375576/1] Page 2 of 2 0 EXHIBIT A 1 6 E 9 AGREEMENT13-6162R for Chlorinator Equipment Maintenance THIS AGREEMENT is made and entered into this 24141day of ..1c�h� , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Water Treatment & Controls Company, authorized to do business in the State of Florida, whose business address is 9900A North Palafox Street, Pensacola, Florida 32534 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon issuance of a Purchase Order. The contract shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Chlorinator Equipment Maintenance for the Water Department in accordance with the terms and conditions of ITB #13-6162R and Exhibit A, Scope of Work, hereby attached and incorporated by reference. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Non Emergency Work: The County will contact the Contractor when Work is to be performed, which will afford the Contractor the opportunity to coordinate a mutually agreeable time to commence the Work. The Contractor will be required to provide a phone number for routine call-out services. Routine calls-outs must be confirmed with the plant manager or his designee forty-eight (48) hours prior to service being performed. The Contractor will be required to notify the plant manager or his designee upon arrival and departure and comply with all safety and security requirements. Emergency Work: The Contractor will be required to respond to emergency call-outs within twenty-four (24) hours of initial call. Emergency service must be available three hundred sixty- five (365) days of the contract year. The Contractor will be required to provide a cell phone number along with a home number, to the County so that the County will be able to contact the Contractor when needed. The Contractor will be required to notify the plant manager or his designee upon arrival and departure and comply with all safety and security requirements. Page -1- 16E9 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in his response to ITB # 13-6162R per Exhibit B Price Schedule, attached herein and incorporated by reference. Any County Agency may utilize the services offered under this contract, provided sufficient funds are included in the budget(s). This contract will be purchase order driven. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Water Treatment& Controls Company 9900A Palafox Street Pensacola, Florida 32534-1227 Attention: Anthony Boehk, President, Director Phone: 805-474-1805 Fax: 850-474-1776 Email: pcola(awatertc.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. bJ Page -2- 16E9 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. D. Pollution: Coverage shall have minimum limits of$1,000,000 Per Occurrence. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. bJ Page -3- 16E9 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor Page -4- 16E9 shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. 20. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page -5- 16E9 21. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 22. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Water Department. 25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #13-6162R any addenda, etc, made or issued pursuant to this Agreement. 26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value Page -6- 16E9 to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 27. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 28. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 30. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 32. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 33. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. Page -7- 4111 16E9 34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 35. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. *******`************************* Remainder of page intentionally left blank `****************************** (Jl+> Page -8- 16E9 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, F ORIDA Dwig E Brick, C!` k f Courts By: ... 'moi — �.►_ om Henning, airma i Dated F (a -it Attest[ lehairman's signature only. Water Treatment& Controls Company Contractor A By. -� irst Witness i:r"atur= 6c vbaira 12)19e) Roger J. BPuo Type/Print Witness Nadie Typed Signature General Manager econd Witness Title .. 7;s5 Type/Print Witness Name Approved as to form and legality: Ctieeez01/1Att&u.f2- Assistant County Attorney 5 Page -9- 16E9 Exhibit A Scope of Work Contract 13-6162R Chlorinator Equipment Maintenance The Contractor will provide labor and parts for semi-annual inspections, cleaning of equipment, preventative maintenance and emergency maintenance for all the chlorinator system equipment at the North and South County Regional Water Treatment Facilities and associated re-pump stations. The Contractor must supply the Water Department with phone numbers for emergency and routine call-out service. Routine call-outs must have a confirmed date of when service will be performed within forty-eight (48) hours. Response for emergency call-outs must be within twenty-four(24) hours of call, and emergency service must be available three hundred sixty-five (365) days of the contract year. Failure to comply with this requirement will result in termination of this contract for cause. The Contractor will provide scheduled and emergency service and repairs including all parts, tools, equipment and appropriate personnel as necessary to complete repairs. Emergency service and other repairs shall be billed on an hourly basis, plus mileage and parts. All parts must be new and come from an authorized dealer. All parts and repairs must have a one (1) year warranty. Page -10- 16E9 EXHIBIT B Price Schedule Contract 13-6162R Chlorinator Equipment Maintenance South Regional Water Treatment Plant Per Unit Wallace&Tiernan: V-2000 V Notch Chlorinators $1,205.00 510S Chlorine Vacuum Regulators with Rate Tubes $735.00 510S Chlorine Vacuum Regulators without Rate Tubes $640.00 2"Chlorine Injectors $635.00 Ammonia System: Series 60-225 Ammonia Feeder $1,655.00 Series 50-185 Pressure Reducing Valves $775.00 Ammonia Pressure Regulator one inch $775.00 Acutec 35 Ammonia Gas Detection $360.00 North Regional Water Treatment Plant Wallace&Tiernan: Chlorine System: V-2000 V Notch Chlorinators $1,205.00 510S Chlorine Vacuum Regulators with Rate Tubes $735.00 2" Chlorine Injectors $635.00 Ammonia System: V-2000 Vacuum Ammonia System $925.00 3,000#Ammonia Vacuum Regulators $830.00 1"Ammonia Injectors $430.00 Goodland Re-Pump Station Wallace&Tiernan: Depolox 3 Plus Analyzer $675.00 V1OK Gas Feed System $450.00 Acutec 35 Gas Detection System $360.00 200 PPD Vacuum Regulator $635.00 '/." Injector NH3 $400.00 Parts pricing shall be in accordance with the current published price list. Additional Service and Emer.enc Re'airs Hourl Rate Service Technicians Hourly Rate $108.00 Service Technicians Overtime Hourly Rate $162.00 Emergency Round Trip Costs Mileage Cost Mileage Cost for South Regional Water Treatment Facility $240.00 Mileage Cost for North Regional Water Treatment Facility $200.00 Mileage Cost for Goodland Re-Pump Station $280.00 Overnight Expenses(per day) $200.00 Page -11- • 16E9 Al CERTIFICATE OF LIABILITY INSURANCEJ04fl9)2014'�°"Y"' I. 'HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS '712TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES jOIN. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED i RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER --._... Riggs,Counsebnan,Michaels&Downes NAMEACT Brittany Patterson 555 Fairmount Avenue PHONE 443 9212575 FAX IA/C.No.Ext}: fAJc,No): (41 Q)339-7234 Baltimore,MD 21236 E-MAIL ADDRESS BPattrason@rand.com (410)334-7263 INSURER(S)AFFORDING COVERAGE MAIC# INSURER A:Iridian Harbor INSURED --.__. _. Insurance Company 36940 Water Tirztment&Controls Co. INSURER B:Travelers Indemnity Company of Connecticut 25682 9900A North Palafox Street INSURER C:Travelers Property Casualty Company of America 25674 . INSURER D: Pensacola,FL 32534 INSURER E: COVERAGES INSURER F: CERTIFICATE NUMBER:645153 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CON-TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS ADOLSumR LTR TYPE OF INSURANCE I POLICY EFF POLICY EXP .J INSR LWD POLICY NUMBER otmatoD/YYYY) (MM!DD/YYYY) LIMITS c 1 GENERAL LIABILITY X •P630365irt.'735T]L14 5/1/2014 5/1/2015 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABIUTY t5AA1AGETORENTED CLAIMS-MADE n OCCUR PREMISES(Es ocwrranra) § 100,000 MED EXP(Any one person) $ 5,000 PFRSO AL s ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 3ENI.AGGREGATE LIMITAPPLrIES PER -1 POLICY JPRO- ECT 1 LOC PRODUCTS-CDi.APrpP AGG g 2,000,000 C AUTOMOBILE LIABILITY P8103656C736T1L 14 5/1/2014 5/1/2015 CEOMBsBINED SINGLELIMIT S 1,000,000 X ANY AUTO ALL OWNED --SCHEDULED BODILY INJURY{Per person) $ AUTOS AUTOS BODILY INJURY (Par accident) 5 X HIRED AUTOS x.RUNT QED PROPERTY DAMAGE $ UMBRELLA LIAB $ — � OCCUR EACH OCCURRENCE EXC4 UAB CLAIMS-MADE — $ AGGREGATE 5 DED 1 RETENTIONS _ B WORKERS AND EMPLOYERS' SATION 1'EUS?<i tiC'73CiI4 5/1/20L4 5/1/20 Is X ( WCSTATU 1pTt+ $ ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 70RYLIMITS ] FR OFFICER/MEMBER EXCLUDED? N I A EL EACH ACCIDENT $ 500,000 (Mandatory in NH) If yyeess descrae urxfer EL DISEASE-EA EMPLOYEES 500,000 DESCRIPTION OF OPERATIONS below A Pollution LiabilityE.L.DISEASE-POLICY LIMIT $500,000 PEC00408670I 5/13/2014 5/13/2015 Poll.Liability Each Condition or Occurrence $I,000,000/A gregate 52,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(AlIenS ACORD tai,AdditianaF Remarks Schedule,If more space Is required) Bid#108-5097-Annual Contract for Chlorinator Equipment Maintenance Collier County is listed as Additional Insured under General Liability as respects work performed by the insured under the above contract CERTIFICATE HOLDER CANCELLATION Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r Board of CountyConunissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3301 E.Tsmianii Trail ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE 4 I enr## 16377 Mst it 14-15 WTC ALL w/Polk Subject Original 6/2/09 ©1988-2010 ACORD CORPORATION. Alt rights reserved. 16E9 Aco D CERTIFICATE OF LIABILITY INSURANCE DATE(MMIQD/YYYY) 03/08/2017 PRODUCER 888-494-9844 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION \LOUIS MORRISON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE € HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR /LOUIS MORRISON C&C CONSULTANTS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, PO BOX 701340 SAINT CLOUD, FL 34770-1340 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: CRUM& FORSTER SPECIALTY INS. CO. 44520 WATER TREATMENT&CONTROLS TECHNOLOGY INC INSURER e: OWNERS INSURANCE COMPANY 32700 9900A NORTH PALAFOX STREET INSURER C: PENSACOLA, FL 32534 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD'L POLICY EFFECTIVE]POLICY EXPIRATION _ LTR INSRQ TYPE OF INSURANCE POLICY NUMBER DATE(MMIDO/YYYY) DATE IMMIDD/YYYYI LIMITS A Y GENERAL LIABILITY EACH OCCURRENCE $ 1,000 000 aAAAAGE 70 RENTED X COMMERCIAL GENERALUABILITY EPK-115971 3/1/17 3/1/18 PREMISES(Eaoccurrence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY I$ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGG S 2,000,000 POLICY X PE l LOC B Y AUTOMOBILE UABILITY 1,000,000 COMBINED SINGLE LIMIT X ANY AUTO 51-094773-00 3/1/17 3/1/18 (Ea accident) ALL OWNED AUTOS 51-094773-01 3/1/17 3/1/18 BODILY INJURYS SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY, X NON-OWNED AUTOS j (Per accident) PROPERTY DAMAGE �1 1 (Per accident) GARAGEUABIUTY AUTO ONLY•EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC'S AUTO ONLY: AGG 1 S A EXCESS/UMBRELLA LIABIUTY EACH OCCURRENCE $ 15,000,000 X I OCCUR CLAIMS MADE EFX-107003 3/1/17 3/1/18 AGGREGATE S 15,000,000 EXCESS OF GENERAL LIABILITY. S DEDUCTIBLE CONTRACTORS POLLUTION& S PROFESSIONAL LIABILITY.AUTO - X RETENTION 50 LIABILITY.EMPLOYERS LIABILITY S WORKERS COMPENSATION I WC STATU- 1 0TH- AND EMPLOYERS'UABIUTY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? - --- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT'.-S OTHER A CONTRACTORS POLLUTION UABILITY EPK-115971 3/1/17 3/1/18 $1,000,000 LIMIT/$2,000,000AGG ERRORS&OMISSIONS LIABILITY $1,000,000 LIMIT/$2,000,000 AGG • DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS COLLIER COUNTY IS INCLUDED AS ADDITIONAL INSURED FOR GENERAL LIABILITY AND AUTOMOBILE LIABILITY FOR ANY AND ALL WORK PERFORMED ON BEHALF OF THE COUNTY BY THE INSURED AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN COLLIER COUNTY BOARD OF COMMISSIONERS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 3327 TAMIAMI TRAIL EAST IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR NAPLES, FL 34112 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �Q�or�JrMri )RD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and Ioao are reaistered marks of ACORD 16E9 i ® DATE(MM/DD/YYYY) A�D CERTIFICATE OF LIABILITY INSURANCE 11/08/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Thomas Willins PRODUCER NAME: Gehring Group, Inc (A/C,No.Ext/: 561-626-6797 FAX No); 561-626-6970 11505 Fairchild Gardens Avenue,Suite 102 E-MAIL ADDRESS: thomas.wiilins@gehringgroup.com Palm Beach Gardens, FL 33410 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Liberty Mutual Corporation INSURED INSURER B: Water Treatment&Controls Technology, Inc. INSURER C: 9900A N. Palafox Street INSURERD: INSURER E: Pensacola FL 32534 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IP NSR AODLTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER (MM!DPOLDY/YYYYY) (MMIDD�YY) LIMITS LTR INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO LOC PRODUCTS-COMP/OP AGG $ ' JECT OTHER: $ AUTOMOBILE LIABILITY (t BINEDt)INGLE LIMIT $ accANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON-OWNED (Per accident) $ AUTOS ONLY AUTOS ONLY $ I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WC7-641-445118-017 10/31/201710/31/2018 PER OTH- ER AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN N/A E.L.EACH ACCIDENT $ 1,000,000 OFRCER/MEMBEREXCLUDED? (Mandatory In NH) El.DISEASE-EA EMPLOYEE $ 1,000,000 if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3327 TAMIAMI TRAIL EAST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE Thomas Willins 77,04124.2-- 6{ Z I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD